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Abandoned Digger on my land
Weekendrunner
Posts: 22 Forumite
Hi,
I recently had a builder carry out some work to my garden. Part way through the job, I realised that the builder had not correctly carried out work (construction of a new concrete fence) to the agreed specification. I subsequently instructed a Structural Surveyor to provide a report on what had been constructed. As expected the Surveyor confirmed that the work had not been carried out to the specification and that the built structure was instable and all work should cease and corrective work carried out. As soon as the Structural Surveyor's report had become available I showed the Builder during his next visit to site and told him to pause all work until the fence work is corrected. I told the builder that he is free to remove all his tools and belongings from site if required - to which all hand tools had been removed. A copy of the report and a notice before action was sent to the Builder. Despite my assertion for repudiation of contract, I set out a plan for the builder to correct the fence work with a 14 day limit to complete all necessary work. The notice was sent by Royal Mail with proof of postage and also electronic version sent to the Builder's Whatsapp account. No communication or response or answering of phone calls from the Builder. A large diesel powered digger had been left in my garden for nearly 3 weeks - keys left in the digger too. I sent a notice "Imposing obligation to collect goods" (Pursuant to Torts (Interference with Goods) Act. 1977 Sec 12 (1) ) and "Notice of Intention to sell goods" (Pursuant to Torts (Interference with Goods) Act. 1977 Sec 12 (3) to the builder (again with proof of postage and electronic copy to Whatsapp) with a 7day time line to collect the goods. This 7 day period has now expired and I intend to have the digger removed from my garden by a salvage collection firm that auctions off vehicles, agricultural and plant equipment.
I believe I have given the Builder every reasonable opportunity to collect his property but he has failed to do this let alone make any communication to do so. I've spoken to the local council who don't have the necessary equipment to remove the digger. I spoken to the Police who suggested having the digger removed by a salvage firm.
I am now in the process of completing the online form with the salvage company to have the digger removed. Do you believe I have taken all the necessary steps to inform the Builder to collect his digger and that I now have the right to have it removed from my land? The Digger will impede the new builder who will rework the fence so it is imperative to have the digger removed from site.
I recently had a builder carry out some work to my garden. Part way through the job, I realised that the builder had not correctly carried out work (construction of a new concrete fence) to the agreed specification. I subsequently instructed a Structural Surveyor to provide a report on what had been constructed. As expected the Surveyor confirmed that the work had not been carried out to the specification and that the built structure was instable and all work should cease and corrective work carried out. As soon as the Structural Surveyor's report had become available I showed the Builder during his next visit to site and told him to pause all work until the fence work is corrected. I told the builder that he is free to remove all his tools and belongings from site if required - to which all hand tools had been removed. A copy of the report and a notice before action was sent to the Builder. Despite my assertion for repudiation of contract, I set out a plan for the builder to correct the fence work with a 14 day limit to complete all necessary work. The notice was sent by Royal Mail with proof of postage and also electronic version sent to the Builder's Whatsapp account. No communication or response or answering of phone calls from the Builder. A large diesel powered digger had been left in my garden for nearly 3 weeks - keys left in the digger too. I sent a notice "Imposing obligation to collect goods" (Pursuant to Torts (Interference with Goods) Act. 1977 Sec 12 (1) ) and "Notice of Intention to sell goods" (Pursuant to Torts (Interference with Goods) Act. 1977 Sec 12 (3) to the builder (again with proof of postage and electronic copy to Whatsapp) with a 7day time line to collect the goods. This 7 day period has now expired and I intend to have the digger removed from my garden by a salvage collection firm that auctions off vehicles, agricultural and plant equipment.
I believe I have given the Builder every reasonable opportunity to collect his property but he has failed to do this let alone make any communication to do so. I've spoken to the local council who don't have the necessary equipment to remove the digger. I spoken to the Police who suggested having the digger removed by a salvage firm.
I am now in the process of completing the online form with the salvage company to have the digger removed. Do you believe I have taken all the necessary steps to inform the Builder to collect his digger and that I now have the right to have it removed from my land? The Digger will impede the new builder who will rework the fence so it is imperative to have the digger removed from site.
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Comments
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Well, that's a bit different to the usual parking problems we see.
I feel your situation might be a little outside the scope of this board, but I will be interested to read any replies.4 -
Hmmmm it's not really a parking query so we are not best placed here to answer. We aren't legally qualified either.
But assuming you are planning to sue for your costs/losses, it might be worth contacting:
https://smallclaimsadvisor.co.uk/David posts here and has legal qualifications. I am not connected to the business but know that your case might interest him. Worth asking.
He doesn't take on every case (e.g. he doesn't get involved in standard single PCN defences like this forum does) but he does mainly represent claimants like you, with 4 figure small claims at minimum cost.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
Digger is probably on hire - not owned by builder.
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Do you have home insurance, and if so, do you have legal expenses cover? If so, call the legal helpline for confirmation.The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.4
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Good call. Do that before proceeding.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
The digger is a 2014 model and in a state of disrepair. No hire company would rent out a digger in that condition. Besides, the digger has a stick with his company logo on the back.christineperseus said:Digger is probably on hire - not owned by builder.0 -
I do have legal cover but I had to search for a relevant template to send out the notice to the builder. They weren't so clued up on the Tort law but agreed with the content of notice.tacpot12 said:Do you have home insurance, and if so, do you have legal expenses cover? If so, call the legal helpline for confirmation.0 -
Thank you. I'll contact smallclaimsadvisor for some advice.Coupon-mad said:Hmmmm it's not really a parking query so we are not best placed here to answer. We aren't legally qualified either.
But assuming you are planning to sue for your costs/losses, it might be worth contacting:
https://smallclaimsadvisor.co.uk/David posts here and has legal qualifications. I am not connected to the business but know that your case might interest him. Worth asking.
He doesn't take on every case (e.g. he doesn't get involved in standard single PCN defences like this forum does) but he does mainly represent claimants like you, with 4 figure small claims at minimum cost.0 -
Also, this is the sort of question that is covered in the following sub-forum: -
https://forums.moneysavingexpert.com/categories/in-my-home-includes-diy-moneysaving or
https://forums.moneysavingexpert.com/categories/consumer-rights
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